Workplace Injury Management and Workers Compensation Act 1998 No 86
Current version for 4 July 2014 to date (accessed 23 November 2014 at 15:32)
Chapter 7Part 8Division 3

Division 3 Special provisions for costs in compensation and damages assessment matters

340   Application of Division

This Division applies to costs payable by a party, or by a party’s insurer, in or in relation to a claim for compensation.

341   Costs

(1)  Each party is to bear the party’s own costs in or in relation to a claim for compensation.
(2)  The Commission has no power to order the payment of costs to which this Division applies, or to determine by whom, to whom or to what extent costs to which this Division applies are to be paid.

342, 343   (Repealed)

344   Liability of legal practitioner for client’s costs in certain cases

(1)  The Commission may, at any stage of a matter, make one or more of the following orders in respect of a legal practitioner whose serious neglect, serious incompetence or serious misconduct delays, or contributes to delaying, the matter:
(a)  an order disallowing the whole or any part of the costs between the legal practitioner and his or her client,
(b)  an order directing the legal practitioner to repay to his or her client the whole or any part of the costs that the client has been ordered to pay to any other party,
(c)  an order directing the legal practitioner to indemnify any party other than his or her client against the whole or any part of the costs payable by the party indemnified.
(2)  The Commission may refer a matter to a costs assessor for inquiry and report before making such an order.
(3)  The Commission may order that notice of such an order against a legal practitioner is to be given to the legal practitioner’s client in a specified manner.
(4)  A legal practitioner is not entitled to demand, recover or accept from his or her client any part of the amount for which the legal practitioner is directed by the Commission to indemnify a party pursuant to such an order.
(5)  This section does not limit any other provision of this Part.

345   (Repealed)

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